Marriage and Interdependent Adult Relationships in Canada Mel Lambert

The Assignment Most people enter into a long term relationship with another person at some time in their lives. Generally, they have the choice of becoming married or of living common law. Although there are many similarities between the two arrangements, there are also differences. People should be aware of the nature of these two types of relationships before they decide what best suits their interest. This assignment asks you to investigate the two types of relationships, and describe key legal aspects of each in a presentation style format. You need to include information on what makes a marriage a marriage, and the basic legal aspects of what it means to be in a common law relationship. You also need to explain the nature of divorce and the legal ramifications of common law couples splitting up.

Marriage: The basic laws surrounding marriage are as follows: 1.Brothers and sisters may not marry each other, as they are already too closely related. 2.Both people must be physically, mentally, and legally able to marry: –Physically: Able to consummate the marriage –Mentally: Able to understand the ceremony, and the nature of the endeavor. –Legally: Over 18, Under 18 and over 16 with parental consent, under 18 and over 16 with a judge’s consent, or under the age of 16 with a physician’s note that you are the mother of an existing child or pregnant. Con’t

3. A marriage license is necessary. (Both spouses-to-be fill out forms with personal information, and swear that the information is true. ID is needed for age verification. And, if one or both parties were previously married to others, they must have proof of a valid divorce.) 4. In the vows, “I do solemnly declare that I do not know of any lawful impediment why I (state name) may not be joined in matrimony to (state name).” and “I call upon these persons present to witness that I do take thee to be my lawful wedded wife (husband)” are the only two things that must be said. The penalty for making a false statement on the marriage license application can be up to a $ fine. If payment is not received, the person responsible for the mistake (or lie) may be jailed for 30 days. If a person issues a marriage license of performs a ceremony against the Marriage Act, they may face the same penalty.

Adult Interdependent Relationships To be able to classify a relationship as an AIR, the following things go into consideration: –Whether the couple has a sexual relationship –The exclusiveness of the relationship –Does the couple act and conduct themselves with regards to household and living arrangements as a unit? –Does the couple portray to others that they are an economic and domestic unit? –Does the couple have a formalized agreement about their legal obligations, intentions and responsibilities toward each other. –The sum of contributions made by both parties to their status as a domestic and economic unit. –Financial dependency –Support/Care of any children –Ownership/Purchase/Use of property. Con’t

The Adult Interdependent Relationship Act defines an AIR as a relationship outside of marriage where two people: –Share one another’s lives; –Are emotionally committed to one another; –Function as an economic and domestic unit. An Adult Interdependent Relationship may be invalid if: –One of the parties was not mentally able to understand what they were agreeing to. –The parties were not, and did not intend to live together at the time of making the agreement. –One of the parties was married. –One of the parties had an AIR agreement with someone else. –One of the parties was a minor and or did not fulfill the Legal Requirements. See Slide 3.See Slide 3.

Divorce Divorce proceedings begin when one party (the Petitioner. Their spouse is the Respondent.) files a document called a Petition for Divorce. This sets in motion the processes of dividing assets, working out custody of children, and determining maintenance payments. 1.Division of Property: Generally, all property is divided between the two spouses equally, however, there are some exceptions: –Property owned before marriage. –Property given as a gift by a third party to one spouse. –Property which is the subject of a written agreement. 2.Children: In most cases, it is possible to work out an arrangement including full custody for one parent, and generous access to the children for the other. Also, circumstances allowing, joint custody may be an option. Note, however, the fact that custody rulings depend largely on specific circumstances. Con’t

3.Maintenance: –Child Support is based on three factors: –Payor’s income –Number of children in question –The province or territory in which the payor resides. –Determining Spousal Support is less mathematical, but the following are often considered: –How long the couple lived together –What the payor’s role in the marriage was –What the payee’s role in the marriage was –Which spouse is living with the children.

Separation It is possible to formally indicate in a written agreement with your AIR Partner that your AIR is over. It indicates that you intend to live separately and that there is no possible way to reconcile. An AIR can also be treated as over if the following occurs: –Both parties live separately for a year with the intention that the AIR is over –You marry each other, or one party marries a third person. –One party makes a new AIR Agreement with another person. –Even if a written agreement did not solidify that there was an AIR agreement, there can still be another written agreement to signify that the AIR has ended. Con’t

It is important to note, that when ending an AIR Agreement, unless you have signed a cohabitation agreement, an AIR Partner generally has less rights than would a spouse leaving marriage. –Common Law spouses do not have equal right to live in the family home –They do not have the automatic right to divide the accumulated property equally. The property generally goes back the original owner. In some cases, it is possible to be given these rights, if the issues of trust or unjust enrichment come up. However, this does involve legal action. There are some rights that Common Law spouses do have: –Custody of Children and Child Support –Possible rights to Spousal Support

Source: Acjnet.Org